Bankruptcy Law: Key Features

Sometimes back people use to file bankruptcy almost as easily as the drop of a hat, only because they wanted to do so. In most of the cases, people did not even require a real financial reason to do so but it was all possible because of some lacks in the bankruptcy laws. The bankruptcy laws have become significantly tougher in the past few years. In fact, these days you may not even qualify to file bankruptcy according to new laws.

Bankruptcy law facilitates a plan that grants a debtor (who is otherwise unable to pay its credits) to find a resolve for his debts by facilitating the division of assets amongst the creditors. In a way, this also permits the interest and benefit of the creditors being treated equally. There are a number of bankruptcy laws that support the debtors to continue with his business and at the same time use the revenue that he generates to pay off the pending debts partly. The aim of this specification is allowing debtors to get rid of the financial obligations slowly without actually meeting any harassment. Bankruptcy law inculcates comprehensive access to credit, civil litigation, commercial transactions and consumer law.

Another important aspect of bankruptcy law is that the bankruptcy cases can be either voluntary or involuntary. In Voluntary bankruptcy cases, debtors involve in filing a petition in bankruptcy courts. In case of involuntary bankruptcy, it is the creditors that file the petition. Voluntary bankruptcy cases are present in majority whereas involuntary cases are not.

Bankruptcy laws prohibit some filers from using chapter 7 if they have a higher income. In order to file a case under Chapter 7 of bankruptcy laws, the monthly income is measured and it should be either equal or less then the median income. In case the income is more than the median income the person cannot file a case under Chapter 7 of bankruptcy laws. In this case one would need to file the case and some other chapter. Personal bankruptcy is generally commenced by an individual under the filing chapters 7, 11, 12 or 13. The moment the case is filed, the automatic stay comes into play and prohibits agencies and financial institutions from taking any property or collecting money from the debtors.




Brian Joneta also writes about Bankruptcy and Credit issues including Declaring Personal Bankruptcy and Bankruptcy Lawyer